18. Право международных организаций: понятие, виды, роль в современном обществе

Internarional organizations –

• Org.established by treaty or other instrument (resolution, joint unilateral act) governed by international law

• possessing own international legal personality (autonomous organs acting on majority basis)

• composed of States (predominantly), other IO’s (entities)

History:

• first created in XIX century

• were created as a means conducting international relations and fostering cooperation

• evolved from ad hoc multilateral conferences (Congress of Vienna 1815) into institutions with organs on a permanent basis

• early IO dealt with technical, non-political matters (Commissions regu­lating rivers, Telegraphic and Postal Unions)

• League of Nations(forerunner of the UN) – first IO to deal with political relations, which aspired to universal membership

Role in international affairs:

• development of international law specifically

• Within diverse fields of operation (endeavour): political cooperation, protection of the environment, defense, humanitarian and development assistance, promotion of trade, etc.

IO perform functions:

• Provide forum for deliberating upon matters of common interests, develop rules on these matters

• Act as vehicles for taking action on international problems

• resolution of international disputes

• promoting, monitoring, supervising State compliance with agreed rules and policies

Types:

• intergovernmental (predomin­antly States): UN, WTO

• non-governmental (private entities, though operate in more than 1 country): Amnesty International, Greenpeace

• membership: universal(UN)/closed(geographic, economic criteria OPEC)

• functions: broad areas/particular fields

Joint inter-State enterprises Air Afrique (airline established by 11 West African States-not IO): established under corporate law of member States (not international law)

19. Международное право и права человека. Всеобщая декларация прав человека.

International Law of Human Rights – legal provisions, system of laws (domestic and international) designed to govern and promote human rights.

Human rights – refer to the basic rights and freedoms, to which all humans are entitled

(right to life and liberty, freedom of thought and expression, and equality before the law)

• The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations General Assembly on 10 December 1948 at the Palais de Chaillot in Paris. The Declaration has been translated into at least 375 languages and dialects. The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are entitled. It consists of 30 articles which have been elaborated in subsequent international treaties, regional human rights instruments, national constitutions and laws. The International Bill of Human Rights consists of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and its two Optional Protocols. In 1966 the General Assembly adopted the two detailed Covenants, which complete the International Bill of Human Rights.

• freedom and equality in dignity and rights from birth

• no distinction and discrimination

• right of life, liberty, personal security

• prohibition of slave trade and servitude

• prohibition of torture, cruel, inhuman, or degrading treatment or punishment

• equal recognition before the law

• effective remedy by the competent national tribunals for violation of rights

The International Bill of Human Rights consists of:

1 the Universal Declaration of Human Rights

2 the International Covenant on Economic, Social and Cultural Rights

3 the International Covenant on Civil and Political Rights (and its 2 Optional Protocols) guarantees the rights of children and prohibits discrimination based on race, sex, color, national origin, or language. Restricts the death penalty. Among the rights for individual:

- the right to legal recourse when their rights have been violated, even if the violator was acting in an official capacity

- the right to life

- the right to liberty and freedom of movement

- the right to equality before the law

- the right to presumption of innocence til proven guilty

- the right to appeal a conviction

- the right to be recognized as a person before the law

- right to privacy and protection of that privacy by law

- freedom of thought, conscience, and religion

- freedom of opinion and expression

- freedom of assembly and association

4 two detailed Covenants adopted by GA in1966

In 1976 the Bill took on the force of international law (after ratification of the Covenants).